Why the Fulton County DA’s request for a special grand jury matters
I think it’s important to get down to the nitty gritty details of why the GA Special Grand Jury is hugely problematic for Trump, Mark Meadows and other Senior White House Staffers
Background and explainer of a special grand jury vs a grand jury…
On January 20, 2022 I provided you with the various Georgia Statutes and attempted to broaden your scope of the various moving parts. Understandably you might have overlooked the primer in the aforementioned article - because it was towards the end of the Ivanka Trump article. But as noted I attempted to provide you with various nuances and would encourage you to reread the facts I expounded on
Notwithstanding and mindful that my writing can be overly detailed and that sometimes results in readers doing the TL:DR approach —so allow me to quickly summarize why it’s important to read the embedded January 20, 2022 article
In Georgia Grand Juries are limited to one term
Generally speaking a regular Georgia grand jury has about a 60 day term
A special grand jury has no such term, their are no jurisdictional limitations (
A special grand jury is typically empaneled to investigate a specific issue
The special grand jury does not have the authority to hand down an indictment, they typically produce a report
But one datapoint I touched on is actually super important
…Additionally a GASGJ has the authority to inspect records, documents and internal/external correspondence of (and this is important so pay attention) “state or local government officials and their offices can require any person or company to produce records, documents or correspondence related to the subject it is investigating.”
…the reason I’m specifically highlighting this is - the Fulton County DA is likely limited vis-a-vis jurisdiction. Remember that Secretary of State Raffensberger had previously stated the Fulton County DA hadn’t reached out to him. Which makes sense because jurisdiction-something—something. Of course I could be wrong but I don’t think I am —a GASGJ isn’t limited to the Fulton County jurisdiction. Hence why I genuinely believe the Fulton County DA is clearly conducting a complex investigation
What is the Fulton County DA Investigating
In order to help you understand what’s a play here, you’ll need to rewind to the now infamous January 2, 2021 —the nearly hour long telephone call between former president Donald J. Trump and ,Georgia’s Republican Secretary of State Brad Raffensperger and others. Note that former Chief of Staff Mark Meadows appears to have been the coordinator of the call. I’d argue that recording on numerous election crimes “in progress”… also this Washington Post link will take you to the full transcript of the Jan 2nd call.
And this is actually important -like many of you I initially assumed that the telephone call leak likely came from Georgia, specifically Secretary of State Brad Raffensperger. Largely based on Raffensperger January 3, 2021 Tweet it was reasonable to assume the recorded call leak came from his office.
But on October 31, 2021 Raffensperger appeared on Sunday’s Meet the Press and he made clear that he was unaware that the now infamous January 2, 2021 call with Trump was recorded. So it’s a natural assumption to make - if Raffensperger was “unaware” of the call being recorded then there’s no way he or his office leaked the audio recording. One logical conclusion is the leak came from Team Trump under the misguided notion that the call would make “Trump look good” when in fact it did the complete opposite. If anything that telephone recording documented an “actual crime in progress”…
Specific Georgia Election Laws…
…of which Trump likely and knowingly violated or at the minimum is part of an ongoing scheme aka conspiracy to defraud the United States of America. I’ll get into the various Federal laws that Trump likely violated. But for now I’d like to help you understand the State of Georgia Election Laws. And it’s a little complicated but with any hope I’ll explain it in layman’s terms. As noted in my February 10, 2021 article -which also included a link to the Fulton County DA’s letter obtained by the Washington Post- again I literally explained this nearly a year ago… and I provided you with links and footnotes disclosed which Georgia Laws the Fulton County DA stated in her February 10, 2021 letter
Fulton County District Attorney letters to state officials:
In a letter (obtained by the Washington Post) to Georgia’s Secretary of State Brad Raffensperger and Georgia Governor Brian Kemp and others, the Fulton County District Attorney Fani T. Willis never explicitly state Trump by name. The subtext is clear, her office is examining at least three Georgia State laws that Trump and his surrogates may have violated and if criminal charges are warranted in Trump’s endeavor to “attempts to influence” the Georgia’s 2020 Presidential election. It is important to remind you why the Fulton County District Attorney retains jurisdiction, her office is not a witness.
Again back on February 10, 2021 I carefully walked you through the three Georgia laws that the DA was likely investigating but let’s go ahead and do a refresher course of what the DA might be investigating. I would also like to remind you that on January 11, 2022 Rachel Maddow scooped other reporters and reported in the A Block that:
“We can report exclusively tonight that attorneys for former President Donald Trump have now met in person with the Fulton County district attorney's office in Georgia."
Here’s one thing you should know, when a target of an ongoing criminal investigation meets with the DA who’s conducting the incredibly complex criminal investigation — it doesn’t bode well for the target. And the meeting typically has ulterior motives, meaning Trump’s attorneys were likely trying to extract the exact statutes, crimes and possibly who the DA’s office has already interviewed. Conversely the DA’s is likely trying to extract information from the target’s attorneys… in the end neither party gets exactly what they are hoping for. And to give you an indication of just how serious the Fulton County DA’s office has viewed this investigation, there have been minimal leaks. Which is actually important because that means the DA is dotting her I’s and crossing her T’s —in short doing the investigation by the book and taking a (albeit slow) methodical investigation. Yes criminal investigations, collecting evidence and ultimately the presentment of evidence does take time. And it’s important to remember that justice does grind slowly and patients is in short supply but in the end it’s worth being patient.
Fulton County DA’s request of a Special Grand Jury
As noted, the Fulton County DA’s letter (which was previously embedded in the January 20, 2022 article) —the letter reads in part:
…We have made effort to interview multiple witnesses and gather evidence, and a significant number ofwitnesses and prospective witnesses have refused to cooperate with the investigation absenta subpoena requiring their testimony. By way of example, Georgia Secretary of State Brad Raffensperger, an essential witness o the investigation, has indicated that he will not participate in an interview or otherwise offer evidence until he is presented witha subpoena by my office. Please sce Exhibit A, attached to this letter…
The Fulton County DA then goes on to articulate with specificity three targeted reasons behind the request of a special grand jury - DA states in part:
first, special purpose grand jury can be impaneled by the Court for any time period required in order to accomplish its investigation, which will likely exceed a normal grand jury term;
second, the special purpose grand jury would be empowered to review thismatterand this ‘matter only, with an investigatory focus appropriate to the complexity of the facts and circumstances involved; and
third, the sitting grandeur would not be required to attempt to ‘address this matter in addition to their normal duties.
Georgia Election Laws…
GA § 21-2-566 - Interference with primaries and elections generally - the relevant applicability and likely central to the Fulton County DA’s ongoing criminal investigation —which reads in part:
…Uses or threatens violence in a manner that would prevent a reasonable poll officer or actually prevents a poll officer from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of a poll officer's duties…
“…with any electors list, voter’s certificate, numbered list of voters, ballot box, voting machine, direct recording electronic (DRE) equipment, or tabulating machine”
§ 21-2-566(8) has two elements:
(i) tampering with the specified materials and
(ii) willfulness.
Georgia law states, that a person must have the intent to “obstruct justice“ and that tampering with evidence is defined by person “knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence.” —additionally in the January 2, 2021 telephone call, you can hear with your own ears that Donald Trump didn’t ask. No. Trump demanded that Raffensperger “find 11,780 votes”—and it’s further buttresses by Trump’s delusional statements of “300,000 fake ballots” and “5,000 ballots cast by dead people” —this goes directly to Trump’s intent and state of mind and actions.
To address the criminal intent component, I’m going to remind you that Trump was clear, as in zero ambiguity. Trump made numerous unlawful solicitations/demands that Georgia Secretary of State Brad Raffensperger to either “find” additional votes or (most brazenly) instructed Ratffensperger “to discard lawful ballots” again there’s zero ambiguity of what Trump demanded from Georgia election officials. It’s literally on tape and that recording is a crime in progress.
“…with intent that another person engage in conduct constituting a felony…As noted Trump’s pressuring (criminal solicitation) that Raffensperger “find 11,780 votes [for Trump]”
Ga. Code Ann. § 21-2-604(a) solicitation to commit election fraud, which reads in part:
(a) (1) A person commits the offense of criminal solicitation to commit election fraud in the first degree when, with intent that another person engage in conduct constituting a felony under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.
(2) A person commits the offense of criminal solicitation to commit election fraud in the second degree when, with intent that another person engage in conduct constituting a misdemeanor under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.
Ga. Code Ann. § 21-2-597 intentional interference with performance of election duties which reads in part:
…Any person who intentionally interferes with, hinders, or delays or attempts to interfere with, hinder, or delay any other person in the performance of any act or duty authorized or imposed by this chapter shall be guilty of a misdemeanor.
Ga. Code Ann. § 21-2-603 - conspiracy to commit election fraud. The following is very important, so please pay close attention. The statute reads in part which reads in part - particularly the the consummated aspect (meaning it doesn’t matter that the Georgia Secretary of State and/or the Governor and/or the Lt Governor didn’t accede to Trump’s unlawful request
A person commits the offense of conspiracy to commit election fraud when he or she conspires or agrees with another to commit a violation of this chapter. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the violation of this chapter is consummated. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a felony shall be punished
Georgia Secretary of State 2020 Audits:
As noted by the following Secretary of State Press Release announcing the results of a specific Risk Limiting Audit of the 2020 General Election…
…The audit confirmed that the original machine count accurately portrayed the winner of the election. The results of the audit can be viewed HERE , HERE , and HERE .. Click here for the Risk Limiting Audit Report
By law, Georgia was required to conduct a Risk Limiting Audit of a statewide race following the November elections. Understanding the importance of clear and reliable results for such an important contest, Secretary Raffensperger selected the presidential race in Georgia for the audit. Meeting the confidence threshold required by law for the audit meant conducting a full manual tally of every ballot cast in Georgia.
The Risk Limiting Audit reaffirmed the outcome of the presidential race in Georgia as originally reported, with Joe Biden leading President Donald Trump in the state.
Other possible violations of Georgia law…
…that may (operative word) be part of Fulton County DA ongoing criminal investigation and with any luck the Special Grand Jury might further in ongoing investigation:
Ga. Code Ann. § 16-10-20 -False Statements and Writings - which reads in part:
“any person who shall make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined, or acted upon by any public official, in accordance with this chapter, shall be guilty of a misdemeanor.”
Again I think those who are quick to say “what is taking so long” might want to reevaluate your position. Because a criminal case doesn’t materialize overnight or at a snap of a finger. Solid criminal cases take time. Finding evidence, takes time. Figuring out how the evidence fits the puzzle also takes time. And yes it’s been nearly one year since the Fulton County DA’s office sent their February 10, 2021 letter but you also need to keep in mind that this particular DA’x office has been chronically under-budgeted which results in under-staffing. Moreover the Fulton County DA has hundreds of other criminal cases. She’s not solely investigating Trump and his likely unlawful behavior. I’m not trying to scold you but I swear to Sweet Baby Jesus if I see another Blue-QANON tweeting out of their ass and criticizing the Fulton County DA- I might just create a twitter account so I can flame the Blue-QANON in real time because I’m sick of seeing their stupid specious tweets that are so uninformed that it’s almost painful to read their daily self -beclownment. Note to self when reading the deep stupid of Blue-QANON tweets play this video on loop
I’m kidding about re-joining Twitter, sort of… the growing and increasing frustration about rampant disinformation, despair disinformation and individuals who portend to “know how criminal investigations” work —yet nearly every day you conflate civil and criminal rules of procedure… seriously stay in your lane.
And lastly your daily dose of saltwater therapy - yes I’m counting down the days until we return to the house to do the “honey do list” in advance of high season. After all rental income is paramount to maintain the rationale of our nest egg. And to be clear happy renters means happy investment —or at least that’s what I keep telling my other half. Although last year’s “getting the house ready”might have caused a bit of sticker shock because the price of pressurized wood was astronomical. Sorry kiddos the window’s walk was one helluva upgrade but I’m pretty sure it was money well spent.
If I did this correctly this article will publish when I’m on I95 South headed to the General Assembly because my nine day reprieve of my 6+ hour daily round trip commute came to a crashing end on Thursday morning.
-Filey
Off topic but how does the National archives get the info from the White House that it holds? Honor system? Can't imagine Trump et al would comply with archival obligations.
Ahhh, what a joy to read this. It explains why so many Republican MOC still side with the loser. They truly think their actions won't be exposed as long as they hold on. Time is running out for them. Let them sweat (and this can be horrible torture knowing you will go down—not saying all of them will end up in jail, but having to fess up you were involved can be pretty bad), so I will lean back and enjoy every day while more information is coming out from so many different parts of the story/and other stories. As always, thank you for putting this info out here 😊